ThIS IS A STUDY GUIDE ONLY:

1. Who is prohibited from being a personal representative?

1. What is the difference between the following? An executor v. an executrix, a general administrator v. a special administrator, an administratrixcum testamento annexov. an administratrixde bonis non, and a public administrator v. an ancillary administrator.

1. The personal representative is one type of a fiduciary. What does that mean? List other fiduciaries.

1. What are the primary or general duties of a personal representative when administering a decedent's estate?

1. In general, what are a paralegal's duties in organizing, preparing, and conducting a family conference after a testator's death?

Case problem #1

Assume that some married member of your family has died. Perform the following tasks. (To preserve confidentiality, you should change the names of all parties concerned.)

A. Determine whether the decedent left a will.

B. If a will exists, locate it.

C. Using the sample from this text, prepare a "tickler" system.

D. Using the text's checklists or your own, determine the assets and liabilities of the "decedent's" estate. Fill in the checklists.

E. Obtain the facts necessary for the Petition to Prove the Will or, if no will exists, the Petition for General Administration. Then fill out the appropriate form.

F.Assume the decedent owed you a $5,000 debt based on a promissory note, and you are willing to cancel the debt. How might this be done?

G. Determine whether your state grants an election right to a surviving spouse. Cite the statute and determine whether the decedent's spouse would receive a greater share under the will or under the statute.

H. Assume you are named as a beneficiary or devisee in the will. Fill out the disclaimer form. Can you assign your interest to your best friend?

I. Cite your state statute, if any, on maintenance, family allowance, and exempt property. Fill out the forms that pass these property items to family members.

J. Check to see if the "decedent's" spouse has a will. Ethically, could your supervising attorney be hired by the spouse to prepare the will? Explain